...prison, and in the absence of his counsel, and there was no error in this. II. The second ground assigned in the motion for a new trial is, that the court erred in compelling the appellant to go to trial without his having been served in accordance with law with...

...whether a contract had been proven under the special count, etc., to the jury. 3. A further ground of the motion for a new trial, is that the Court erred in refusing instructions moved by the appellant. It seems that he asked eight instructions. The bill of...

...behalf upon the trial, and that he was defended by an ample array of counsel. 3. The third ground of the motion for a new trial is, that the Court erred in admitting parol evidence of the dying declarations of Griffin, when his dying declarations were proved...

...the crime." These declarations of Edwards were properly excluded from the testimony. The third cause for a new trial is, that the court erred in instructing the jury that, " The burden of proving coercion, threats or commands devolves upon the defendant, and the...

...set out therein, which motion was overruled by the court, and he excepted. 1. One of the points made in the motion for a new trial is, that the court erred in overruling the demurrers to the declaration. We have repeatedly decided that the overruling of the...

...touching the sanity or insanity of the witness,-to the jury for them to deal with. 5. Another ground of the motion for a new trial is, that the court erred in charging that " ordinary care and diligence is that care and diligence which a sensible, prudent man...

...judgment was all a sham, intended only to enable them to get time." The eighth reason now assigned for a new trial, is, that the Court erred in instructing the jury to lay out of their consideration the testimony of Ryan, unless they were satisfied that the statement...

...the same deed must be rejected as evidence of title. 7 Ohio, pt. 1, p. 53. The second reason assigned for a new trial is, that the court erred in instructing the jury, that an actual exclusive possession of land by the defendants, under claim of title, for twent}'...

...was fifteen cents per pound. The United States v. A Quantity of Tobacco, <tc. The sixth ground urged for a new trial is, that the Court erred " in instructing the jury that it was illegal for the claimant to return for tax the Orinoco tobacco in the bill of exceptions...

...on the following morning the witnesses all differ. Their testimony is conflicting and contradictory. One of the grounds set out in the motion for a new trial was the insufficiency of the evidence to justify the verdict. It does not appear on what ground the...